health information

Kent · July 2005

I'm curious as to other's policy on providing information/updates on ee's and/or ee family members when they are ill or injured. I'm not comfortable providing this information, regardless of how vague, to the masses. While most employees won't mind keeping their co-workers abreast of their situation, I'm concerned we'll eventually find the one that is offended by this activity. Am I being too cynical?

lorrie · July 2005

Most of the time employees will keep in contact with other co-workers, so I don't have to be in the position of passing along information. If I speak to an injured/ill employee and think others might ask me about them, I ask that employee if it is ok to pass along any information about their status.

marc · July 2005

"If I am not mistaken" this would be violating HIPAA protected information. Medical information is not to be passed on. If it is going to be done, let the EE do it. Other EEs that are close to the situation can find out through personal contact, otherwise it is just gossip.

Just informing the curious that so and so is out on sick leave is enough.

mushroomHR · July 2005

Unless you are acting on behalf of the medical plan this is not a HIPAA violation, just a violation of personal privacy. I too usually ask employees if they mind my sharing their status (with no detail of course) with other employees. They usually say it's OK. If I don't get the go-ahead from an ill/injured employee I will only tell others that I'm not sure of the condition of the absent employee, just that they are out on a leave of absence.

LivindonSouth · July 2005

This used to come up frequently on The Forum. Generally there were/are two trains of thought. One is that it's quite a nice thing for an HR Department to inform its personnel through announcements, newsletters or email when co-workers are sick, and to update on their progress. The other is that HR has absolutely no business doing any of that as anything related to employees' personal circumstances is just that, personal. I belong to the latter camp.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

pork1 · July 2005

I, too, stand with Don on this one. Not our business and not our information thus it is not our concern.

PORK

lorrie · July 2005

I completely agree with the thoughts on HIPAA guidelines etc., and agree that the employer's safest move is for HR to be completely mum on these issues.

But, I admit I feel terrible telling someone I can't repeat what I know, when I know the ee is ok with the information sharing. Eg: we have an ee who is undergoing chemo right now. I hear some very specific details about the condition etc. and I don't share those, but if the ee is gone a day and another ee asks "Is so & so getting a treatment today" I don't mind saying yes, or no treatment, just not feeling well.

I would not even share that info if I had doubts about what the ee wanted to be shared. Like I said, I understand (and can theoretically agree with) many of the reasons to say nothing, but in real life- this is how I handle it.

Kent · July 2005

Thanks for the input. I don't mind sharing face to face vague details of one's whereabouts and condition. However, I don't feel right about putting out a mass communication that so and so is in the hospital etc... Then I get the complaint that "we don't communicate enough around here." I'm certain some of these complainers would be the first to decry that their privacy had been violated.

LivindonSouth · July 2005

Helen, Is Mary getting a treatment today, or what?

No, no treatment Bob. She's just not feeling well enough to come in today.

Mike, Helen says Mary is having an awful time, must not be able to continue with chemo, sick all the time, tell Harvey since he's so close to her.

Harvey, according to Bob, Helen in Human Resources says Mary has discontinued chemo, or I think that's what she said and she must be taking a turn for the worse. She's not even here today and probably won't be in for at least the rest of the week if she's so sick she can't continue with treatments. I hate to be morbid, but do we need to be thinking about flowers?

This can't be, Harvey, my wife talked to her early this morning and she said she had a sinus headache and would try to be in later. She'll be real interested in what Helen is telling people at work. People in HR really ought to watch what they let out of their department.

Helen, this is Mary. We need to have a little talk tomorrow morning as soon a I get to work.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

lorrie · July 2005

That's cute. x:7
And potentially a true situation.

I'll continue, just the same.

LivindonSouth · July 2005

It wasn't intended as cute, but as an illustration of how HR so often digs themselves into a hole.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

System · July 2005

Don, your Helen and Bob scenario is pretty funny. For the new edition of our Danger Zones videos, we filmed a similar scene called "I Can't Tell You Bob's in Rehab." Great minds think alike, or something like that.

James Sokolowski
HRhero.com

Half HR · July 2005

I had occasion to ask an employment lawyer about this once. He said if the employee has already been open about it with other employees, and the information is being shared out of a legitimate business need (ie - helping to arrange job coverage or asking employees to donate sick time) then you can take a cue from the employee and pass on the info as needed. If the employee has not shared info with co-workers, then you should avoid doing it or get express permission.

Half HR

LivindonSouth · July 2005

As usual; an answer from a lawyer so convoluted there's not way to follow the advice. And you probably walked away thinking you got an answer.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

Whatever · July 2005

[font size="1" color="#FF0000"]LAST EDITED ON 07-12-05 AT 02:49PM (CST)[/font][br][br]I do not and will not give out confidential information even it is not confidential because the ee told the whole world what was happening. At this point, it is so well known that I will not answer, nobody asks me the question.
Furthermore, I would not have the Chutzpah to turn to anyone who had confided in me and ask if I can repeat what he has told me to anyone.

Kent · July 2005

Don, do you feel the same way about the family members of an ee? "Mary's child has been injured in an accident and is in critical condition at The Med" ??

LivindonSouth · July 2005

[font size="1" color="#FF0000"]LAST EDITED ON 07-12-05 AT 03:53PM (CST)[/font][br][br]If Mary works for us and I know for a fact that her child is in the ER or critical condition somewhere certainly I would share that information with her or at least call her into my office and tell her to call that number for information relative to her child. I would assume that the ER would have already done that though. There come times when we have to make snap judgements and don't have the luxury of time to sort all the what if's and just do what makes sense. It would make no sense to NOT tell a family member what I know of a situation like that one. There would certainly be no HIPAA concern in that instance since you are not representing the plan and the information did not come to you via the plan. I would not be releasing confidential, personal information to tell a family member to contact a hospital or the police. In fact I may choose to drive them there myself.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

Kent · July 2005

I'm sorry, I didn't make myself clear. If Mary is the ee, would you provide the information concerning her family member to her coworkers so they would be aware of her plight.

LivindonSouth · July 2005

No.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

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